Critical Race Theory, the ideology of victimization, and the ReligionLaw List

[Jack Balkin]

One of my favorite ideas is that of "ideological drift," the phenomenon by
which ideas and tropes that have one particular ideological spin get
picked up and used by people with very different world views.  Listening
to the discussion of Timmy, and the real and perceived slights to
evangelical Christians, I can't help but think that we are witnessing yet
another example.  If one substituted "person of color" for "Christian" in
the past few day's postings, it would sound amazingly like the debates
about seven years ago concerning

(1) whether Patricia Williams was telling the whole truth in her famous
story of being excluded from Benneton's;
(2) whether it is a good thing or a bad thing to use stories-- i.e.
narratives--  of and about victimized groups as a way to break down the
prejudices of majority groups;
(3) whether there is hostility, open or concealed, among majority groups
towards minority groups, whether these groups admit it to themselves or
not; and
(4) whether so-called arguments from neutrality and appeals to reason
trotted out by opponents or skeptics of the claims of oppressed groups
are in fact not neutral and reasonable at all, but are in fact hostile to truth,
justice, and the ideals of equality, as well as the interests of oppressed
groups.

Now I won't mention any names, but I bet you a cookie that several
people on this list have taken the opposite side of this rhetorical skirmish
when it comes to the veracity of Patricia Williams and the narratives and
complaints of critical race theory.  And they probably applauded Dan
Farber and Suzanna Sherry when they took on the narrativity movement
as it applied to feminism and critical race theory.  I also bet that several
people on this list have decried the ideology of victimization that they see
coming from advocacy groups on the left.

As a genuinely great (and persecuted) individual once said, Judge not,
lest ye yourself be judged.

Jack Balkin
Yale Law School
(a certified hegemonic enclave)